Are retirement accounts exempt from alimony?

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Are retirement accounts exempt from alimony?

I was divorced 15 years ago. My alimony requirement stopped this month when my ex-wife reached 65. My assets are substantially higher now than when we divorced. She retired 9 years ago from her teaching position and has not worked since. My ex-wife now wants to take me to court to continue alimony payments and at a higher amount than originally awarded. If she is awarded alimony again and I refuse to pay again, are my retirement accounts (annuities, 401K plan and social security) exempt from garnishment or any other court related action?

Asked on January 13, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Wait, so she wants to revisit the issue from 15 years ago? There are some questions that need to be answered here but I think that you would not be subject to a modification of an alimony award at this stage.  The increase in your net worth came AFTER you were divorced, correct?  I could see a case being made for increase in child support but not spousal supprt at this point in time.  Get legal help to be sure.  Good luck.


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